GENERAL TERMS AND CONDITIONS
OF FATBYTES GAMING
Last updated : 19 march 2018
BEFORE DOWNLOADING, INSTALLING, OR USING OUR MOBILE APPLICATIONS OR ANY PORTION THEREOF FROM THE GOOGLE PLAY STORE OR THE APPLE APP STORE, OR ANY OTHER PLATEFORM, PLEASE READ CAREFULLY THE PRESENT GENERAL TERMS AND CONDITIONS (HEREUNDER NAMED “GTC”).
AS A PRECONDITION FOR USING THE SERVICES, YOU MUST AGREE TO THE PRESENT GTC. YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND/OR USE OUR SERVICES, IF YOU ARE A MINOR OR OTHERWISE DO NOT HAVE THE AUTHORITY TO ENTER INTO AGREEMENTS SUCH AS THE PRESENT GTC, YOU REPRESENT THAT YOUR LEGAL GUARDIAN, OR A HOLDER OF PARENTAL RESPONSIBILITY, HAS REVIEWED AND AGREED TO THE PRESENT GTC.
By using and/or accessing the Services in any way, you agree to the present GTC. If you do not agree to the present GTC, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable service, the Services are free to use or to download, but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site (hereunder named "SNS"), such as Facebook, you agree to comply with its “terms of service” as well as the present GTC.
FatBytes Gaming may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes or loyalty programs). Your right to use the Services is subject to such relevant policies and the present GTC.
Right to use the Services and licenses
Purchases in the Services
Code of conduct
Accounts and login information
Communications between users of the Services
Suspension and termination for your breach
Availability of the Services
Warranties and disclaimer
Limitations of liability
Copyright and DMCA
Links to third-party products and services
Changes to the present GTC
Governing law and dispute resolution
Assignment, severability and entire agreement
I. RIGHT TO USE THE SERVICES AND LICENSES
The Services and its contents are licensed, not sold, and concluded for an indefinite period of time, unless otherwise provided in the FatBytes Gaming Offer. You agree that you have no right or title in/to any content that appears in the Services, including but not limited to, the Virtual Items and/or Virtual Currency appearing in/or originating from the Services, whether earned and/or purchased in the Services, from FatBytes Gaming or third-parties.
Subject to the present GTC, FatBytes Gaming hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. The rights granted to you are subject to your compliance with the present GTC.
Except as previously set forth, you do not receive any other license. FatBytes Gaming retains all right, title and interest in and to the Services, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not, and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without FatBytes Gaming’s prior written consent. FatBytes Gaming reserves all rights not expressly granted to you by the present GTC.
II. PURCHASES IN THE SERVICES
FatBytes Gaming’s Services include in-game Virtual Currency such as coins, cash, and/or diamonds (hereunder named “Virtual Currency”), that can be purchased with “real world” money and in turn used to purchase in-game Virtual Items (hereunder named "Virtual Items"). Virtual Items and/or Virtual Currency are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
Virtual Items and/or Virtual Currency do not have an equivalent value in “real world” money and are not a substitute for “real world” money. Neither FatBytes Gaming nor any other person or entity has any obligation to exchange Virtual Items and/or Virtual Currency for anything of value. FatBytes Gaming is not liable for hacking or loss of your Virtual Items and/or Virtual Currency. In no way can Virtual Items and/or Virtual Currency be exchanged with us or anyone else for money, goods, other items, or services of monetary value of the “real world”.
The transfer of Virtual Items and/or Virtual Currency is strictly prohibited, meaning that you may not buy or sell Virtual Items and/or Virtual Currency for items of value outside the Services.
Price and availability of Virtual Items and/or Virtual Currency are subject to change without notice.
The user is liable to FatBytes Gaming for expenses attributable to him/her, incurred in the event of a payment incident or opposition to a withdrawal notice, particularly if his/her funds are insufficient on his/her account. The corresponding costs are borne by the user (e.g. fees imposed by the payment provider), as well as the resulting processing fee of € 5.00 (five euro). FatBytes Gaming is entitled to recover these amounts as well as the initial fees by taking the total from the user's account. The user has the right to prove that no damage has been caused or that the amount of damage is lower.
In case of late payment, FatBytes Gaming has the right to suspend the Services and block the user account, notwithstanding the continued payment obligation of the user. FatBytes Gaming is however entitled to charge a handling fee of € 5.00 (five euro) to unblock the account upon full settlement. The user has the possibility to prove that no damage has been caused or that the amount of damage is lower. Furthermore, FatBytes Gaming is entitled to charge the statutory interest on arrears of 5% (five percent) above the relevant valid base interest rate.
FatBytes Gaming may manage, control, modify or eliminate Virtual Items and /or Virtual Currency at any time, with or without notice.
By law, all purchases and redemptions of Virtual Items and/or Virtual Currency made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items and/or Virtual Currency for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that FatBytes Gaming is not required to provide a refund for Virtual Items and/or Virtual Currency for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items and/or Virtual Currency, regardless of whether your loss of license under the present GTC was voluntary or involuntary.
III. CODE OF CONDUCT
YOU ARE ENTIRELY RESPONSIBLE FOR KNOWING, UNDERSTANDING, AND ABIDING BY USER CONDUCT.
The User Conduct rules are not exhaustive, and FatBytes Gaming reserves the right to determine which conduct is considered to be outside the spirit of the Services and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Services, in whole or in part. User Conduct governs all aspects of your interaction with the Services, including without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Services.
You acknowledge and agree that if FatBytes Gaming finds, at its sole discretion, that you have violated the User Conduct, you may no longer have access to the violating item/items and FatBytes Gaming reserves the right to take actions, which may include terminating your account and prohibiting you from using the Services, in whole or in part.
You agree that you will never do the following, under any circumstances:
Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including but not limited to, to advertising, solicitation, transmission of any commercial advertisements such as spam, chain of letters, pyramids or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes, including but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by FatBytes Gaming, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence, or is abusive, threatening, obscene, defamatory, libellous, or racially, sexually and religiously offensive or otherwise objectionable.
Engage in ongoing toxic behaviour, such as repeatedly posting information on an unsolicited basis.
Attempt to harass or harass, abuse or harm, or advocate or incite harassment, abuse or harm of another person, group, including employees, directors, officers, and customer service representatives of FatBytes Gaming.
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including but not limited to, an employee, a director or an officer of FatBytes Gaming.
Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by FatBytes Gaming, or to obtain any information from the Services using any method not expressly permitted by FatBytes Gaming.
Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
Harvest, scrape or collect any information about or regarding other people that use the Services, including but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
Post anyone's private information, including personally identifiable information or personal data (whether in text, image or video form), identification documents or financial information through the Services.
Engage in any act that FatBytes Gaming deems to conflict with the spirit or intent of the Services or make improper use of FatBytes Gaming´s customers services.
IV. THIRD-PARTY SERVICES
The Services may include links to third-party services (including but not limited to, advertisements displayed by third-parties) and/or the third-party services may be made available to you via the Services. These third-party services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third-party terms and conditions.
V. ACCOUNTS AND LOGIN INFORMATION
Certain elements of the Services may enable you to create an account or otherwise register with the Services (hereunder named “Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (hereunder named together "Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. FatBytes Gaming will assume that anyone logging into your Account using your Login Information is you.
FatBytes Gaming reserves the right to delete your Account if FatBytes Gaming observes no activity by you in relation to the Account for 180 business days or more. In such event, you may no longer be able to access and/or use any Virtual Items and/or Virtual Currency associated with that Account and no refund will be offered to you.
VI. USERS CONTRIBUTIONS
The Services may allow you to create content, including but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (hereunder named together “User Contributions”).
In exchange for use of the Services, you hereby grant FatBytes Gaming a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to FatBytes Gaming's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to FatBytes Gaming, and the foregoing waiver of any applicable moral rights, survives any termination of the present GTC.
The directors, officers and employees of FatBytes Gaming do not accept nor consider unsolicited idea nor product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audio-visual works, concepts or any other creative materials) in any format, by means of any transmission (hereunder named together “Unsolicited Content”). Please do not submit any Unsolicited Content to FatBytes Gaming or its directors, officers or employees.
However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by FatBytes Gaming without compensation to you or any third-party and you grant FatBytes Gaming a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable, in whole or in part, worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
VII. COMMUNICATIONS BETWEEN USERS IN THE SERVICES
FatBytes Gaming assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. It is impossible for FatBytes Gaming to monitor the content and behaviour of all users. Thus, your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. FatBytes Gaming may use technology to monitor and/or record your interactions with the Services or communications when you are using the Services.
YOU IRREVOCABLY CONSENT TO SUCH MONITORING AND RECORDING. ACCORDINGLY, YOU AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY CONCERNING THE TRANSMISSION OF ANY CONTENT WITHIN THE SERVICES, INCLUDING BUT NOT LIMITED TO, WRITTEN MESSAGES AND/OR VOICE COMMUNICATIONS.
FatBytes Gaming reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Services without notice for any reason or for no reason at any time. If at any time FatBytes Gaming chooses, at its sole discretion, to monitor the Services, FatBytes Gaming nonetheless assumes no responsibility for content made available by users of the Services, and FatBytes Gaming assumes no obligation to modify or remove any inappropriate content.
Therefore, the user indemnifies FatBytes Gaming against all claims including ‘claims for damages’ that other users or other third-parties assert against FatBytes Gaming alleging that their rights have been harmed by the behaviour of the user and/or the content or data posted by the user. The user will also compensate FatBytes Gaming for the reasonable expenses incurred, in particular the costs required for legal defense of FatBytes Gaming and proving necessary.
VIII. SUSPENSION AND TERMINATION FOR YOUR BREACH
Without limiting any other remedies available to FatBytes Gaming, if FatBytes Gaming believes that you are in breach of the present GTC, FatBytes Gaming reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
Delete, suspend, or modify your Account, or parts of your Account;
Limit, suspend or terminate your access to the Services;
Modify or remove any of your Virtual Items and/or Virtual Currency;
Reset or modify any game progression or benefits and privileges associated with you, such as any level and/or score you have reached in the Services.
In the event that we suspend or terminate your Account, you will have no further access to your Account and/or any content associated with it. FatBytes Gaming and third-party e-commerce payment providers will not issue any refund to you for Virtual Items and/or Virtual Currency acquired, developed during, or purchased in the Services.
IX. AVAILABILITY OF THE SERVICES
FatBytes Gaming may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services, if FatBytes Gaming believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third-parties, or not acting in accordance with the letter or spirit of the present GTC.
FatBytes Gaming reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, FatBytes Gaming does not have to provide refunds for Virtual Items and/or Virtual Currency or other items in connection with such discontinued Services.
X. WARRANTIES AND DISCLAIMER
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS”, without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. FatBytes Gaming does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. FatBytes Gaming does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by FatBytes Gaming, its employees or other representatives constitute a warranty.
FATBYTES GAMING ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN THE INFORMATION, GAMES, MOBILES APPLICATIONS, AND/OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
However, if the user came to discover bugs, or defects he/she shall notify FatBytes Gaming immediately. For the preservation of evidence, he/she should document it in writing (mail or e-mail) and inform FatBytes Gaming, by contacting us.
XI. LIMITATIONS OF LIABILITY
In no way will FatBytes Gaming be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to the present GTC or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not FatBytes Gaming has been advised of the possibility of such damages.
For purposes of the Section 12, FatBytes Gaming’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce the present GTC against you.
You agree to indemnify, defend and hold FatBytes Gaming (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of the present GTC; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behaviour.
XII. COPYRIGHT AND DMCA
If you believe the Services or any of its content infringes your copyrights, please send us a notice, using the contact information provided at the legal notice.
Notices sent to the specified address will be forwarded to the person in charge of the procedures for FatBytes Gaming.
Please include all of the following in your DMCA notice:
Identify the copyrighted work that, you claim, has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
Identify the concerned infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable FatBytes Gaming to locate the material.
Provide your full legal name, mailing address, telephone number, and (if available) email address.
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Please note that under 17 U.S.C. 512(f) of the DMCA, if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to FatBytes Gaming.
XIII. LINKS TO THIRD-PARTY PRODUCTS AND SERVICES
XIV. CHANGES TO THE PRESENT GTC
FatBytes Gaming may update the present GTC, from time to time, in response to changing legal, technical or business developments. When FatBytes Gaming updates the present GTC, FatBytes Gaming will take appropriate measures to inform you via the Services, or by any other means, in accordance with the significance of the changes FatBytes Gaming makes.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated GTC.
XV. GOVERNING LAW AND DISPUTE RESOLUTION
This present agreement is subject to the laws of Belgium with the exclusion of the United Nations Convention on ‘Contracts for the International Sale of Goods’ (CISG) and the exclusion of the rules on conflict laws.
Therefore, you agree that any claim or dispute you may file against FatBytes Gaming must be resolved exclusively by a court located in Brussels, in Belgium.
The European Commission opened an Online Dispute Resolution Platform (ODR) for alternative dispute resolution between consumers and online businesses. For this please refer to the following link: http://ec.europa.eu/consumers/odr. You can reach us through the ODR. Normally, we will then contact you directly because we are not obliged to take part in a dispute resolution procedure in front of a consumer arbitration body.
XVI. ASSIGNMENT, SEVERABILITY AND ENTIRE AGREEMENT
If any provision of the present GTC is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the present GTC will remain in full force and effect. FatBytes Gaming’s failure to enforce any right or provision of the present GTC will not be deemed a waiver of such right or provision.
Any failure by FatBytes Gaming to exercise or enforce any of its rights under the present GTC does not waive FatBytes Gaming’s right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of FatBytes Gaming.